c 

C(2>7c  Ec 


s''l;i|li:iil!l; 


i:;,-r;Jj"il;i 


llliilliiiil 


lIBiil 


m; 


mm 


§im 


mm: 


'Mils 


The  person  charging  this  material  is  re- 
sponsible for  its  return  to  the  library  from 
which  it  was  withdrawn  on  or  before  the 
Latest  Date  stamped  below. 

Theft,  mutilation,  and  underlining  of  books 
are  reasons  for  disciplinary  action  and  may 
result  in  dismissal  from  the  University. 

UNIVERSITY    OF    ILLINOIS    LIBRARY    AT    URBANA-CHAMPAIGN 


L161  — O-1096 


Digitized  by  tine  Internet  Arcliive 

in  2012  witli  funding  from 

University  of  Illinois  Urbana-Champaign 


http://archive.org/details/formativeperiodOchip 


n 


iS  FEB  1915 


THE  FORMATIVE  PERIOD  IN 
COLBY'S  HISTORY 


7 


///  : 


/  ) 


//<-/•/:/"/'  f        ///  /'    ^ 


a^j^ 


4 


///  ^///   /^ 


//     /  C_  /     /  / 


-'/,'./  A   //  ^v>^.    ,  /  .,  /f  / 


/       / 


<'    *>  >/^ 


IKS T  DH AJT  (1812)  OF  THE  CHARTER  OF  THE  MAINE  LITERARY  AND  THEOLOGICAL  INSTITUTION. 


COLBY  COLLEGE  UBRARY  ^     FEB  1915    BULLETIN  NUMBER  THREE 


THE  FORMATIVE  PERIOD  IN 
COLBY'S  HISTORY 


By 
CHARLES  P.  CHIPMAN 

Librarian,  Colby  College 


WATERVILLE.  MAINE 
1912 


PREFACE 

The  chapters  which  make  up  this  little  monograph 
are  reprinted  from  the  issues  of  The  Colby  Alumnus 
for  January  and  March,  1912.  For  various  reasons  it 
has  seemed  best  to  give  them  without  alteration.  If 
my  views  as  to  the  purpose  of  the  founders  of  the 
college  shall  meet  with  general  acceptance,  I  shall  be 
amply  repaid  for  my  labor. 

CHARLES  P.  CHIPMAN. 
May  1,  1912. 


THE  FORMATIVE  PERIOD  IN 
COLBY'S  HISTORY 


In  his  History  of  the  Baptists  in  Maine  Dr.  Henry  S.  Burrage  has 
written : 

"February  5,  1821,  an  act  was  passed  by  the  Legislature  of  Maine 
changing  the  name  of  the  Maine  Literary  and  Theological  Institution 
to  that  of  Waterville  College.  The  reasons  for  thus  giving  to  the 
institution  a  broader  character  than  was  at  first  contemplated  were 
not  recorded  and  can  now  only  be  conjectured.  In  all  probability 
the  change  was  effected  by  Dr.  Chaplin.  A  college  graduate,  he 
knew  the  value  of  a  collegiate  course  as  a  preparation  for  theological 
study,  and  he  could  not  have  been  long  in  coming  to  the  conclusion 
that  the  work  he  had  been  called  to  do  at  Waterville  could  best 
be  performed  by  giving  the  institution  a  collegiate  character.  There 
were  those  among  the  trustees  who  deprecated  the  change,  and  in 
many  parts  of  the  State,  among  the  churches  and  ministers,  there 
was  not  a  little  disappointment."  * 

In  a  historical  discourse  delivered  on  August  second,  1870,  Presi- 
dent Champlin  expressed  the  same  thought  when  he  said : 

"The  Institution,  as  we  have  seen,  began  as  a  Literary  and 
Theological  School.  Those  who  established  it  were  chiefly  ministers 
of  the  Gospel,  mostly  without  any  regular  theological  training,  and 
who  therefore  looked  upon  it  chiefly  as  a  school  in  which  the  future 
pastors  of  the  churches  were  to  be  prepared  for  their  work.  With 
them  the  literary  department  was  preliminary  to,  but  entirely  subor- 
dinate to  the  theological  department.  What  must  have  been  their 
disappointment,  then,  when  in  less  than  three  years  after  it  had  been 
set  in  operation,  by  its  having  become  a  college  all  this  was  re- 
versed, and  the  literary  department  exalted  above  the  theological, 
which  was  depressed  more  and  more,  till  within  a  few  years  it  was 
entirely  crowded  out  of  the  Institution?  I  know  not  under  whose 
counsels  this  was  done,  but  it  has  always  seemed  to  me  a  great 
mistake."! 

The  views  expressed  by  Dr.  Burrage  and  President  Champlin  may 
be  taken  as  representative  of  those  held  by  many  friends  of  the  college 
for  at  least  a  half-century.     They  may  be  briefly  summarized  thus : 

I.  The  purpose  of  the  founders  was  to  establish  a  theological 
school. 

*  Chapter  XI.     Pages  174-175. 

t  A   Historical    Discourse    delivered   at    the    Fiftieth   Anniversary   of    Colby   University, 
August  2d,  1870,  by  J.  T.  Champlin,  President,  Waterville,  1870. 


^  THE  FORMA  TIVE  PERIOD 

A  "•  The  establishment  of  the  college  later  was  an  afterthought, 
due  to  the  influence  of  some  unknown  person  or  persons 
_  These  views  I  believe  to  be  entirely  mistaken,  and  due  either  to 
Ignorance  of  the  original  documents  still  on  file  in  the  State  Archives 
of  Massachusetts,  or  to  hasty  conclusions  drawn  from  an  incomplete 
tTer-"""'""  °^  *''°''  documents.     The  real  facts,  as  we  shall  seef  are 

i.f.nf  .'  f  """^T  °/  *'  ^''"'  ^'*''""''y  ^"'^  Theological  Institution 
intended  from  the  begmnmg  to  establish  an  institution  of  collegiate 
rank  m  wh.ch  both  literary  and  theological  instruction  should  be  gten 
bu    were  unable,  at  first,  to  secure  a  charter  commensurate  with  the 
full  scope  of  their  plan. 

It  was  the  Rev.  Arthur  Warren  Smith,  Librarian  of  the  New  Eng- 
land Baptist  Library  in  Boston,  who  first  called  my  attention  to  the 
existence  of  the  above  mentioned  documents  in  the  Massachusetts 
Archives.     For  some  years  Mr.  Smith  has  been  collecting  materials 
for  a  biography  (as  yet  unpublished),  of  the  Rev.  Daniel  Merrill   A 
M.,  who  bore  a  leading  part  in  securing  the  original  charter  of 'the 
Maine  Literary  and  Theological  Institution,  and  who  deserves  perhans 
o  be  called  the  father  of  Colby  College.     In  the  course  of  his  investiVa-' 
t-ons    Mr.  Smith  discovered  that  there  are  in  existence    documSs 
M;h,ch  have  never  been  quoted  in  any  published  history  of  the  co"  g 

:n  IsLt'andt  'V":  "^VTT  ^^^^""'^^  '^  '^^  «---•  ^ofrt 
m  1812)     and  the  charter  which  failed  to  pass  in  that  legislature   to 
gether  with  the  first  draft  of  the  charter  nf  i «i q      i,- ' '^^^^isiatare,  to- 
i„  u  ^  ■  cnarter  ot  1813,  which  was  amended 

m  It    most  important  sections  before  its  passage.     These  paperTshow 
clearly  the  real  purpose  of  the  founders,  and  throw  an  in  eSg  th" 

fnst   ufion  tl     T  T      "  '''  °'  "''^'^^"^^^  ''  '''''  -l^'^h  raised  the 
institution  to  full  collegiate  rank,  but  the  earlier  act  (June  19    1820^ 

t:L::iZMn-:'' "'-"''  ^-^^^--^  thi  Presidi;  a„d 

irustees  of  the  Maine  Literary  and  Theological  institution  "to  confer 

Patrol  ;:;i"^trr:7Sor  "'^^^  -'-'''-' '-  ^^^ 

the  na.e  withL  alterinJ^notlt^f^^e^S™"^  ''-''' 
ur.-       V^f  T  '"''"  ^  ^''^^  ''''"^y  <^f  the  documents!  from  the  first 

F^r  ; ^"t^^rf r .'" '''' ^° "- p-4 "f 'Lt 

on  t  ebruary  o,  1821,  by  which  the  Maine  Literary  and  Theoloo-ical  Tn 
stitution  became  Waterillle  College,  and  see  if  we  do  not  find  one  „"" 
varying  purpose  pervading  them  all.  """ 


IN  COLBY'S  HISTORY 


II. 


On  September  26,  1810,  the  Bowdoinham  Baptist  Association  met 
at  Livermore.  Before  the  body  adjourned  it  had  taken  action  as 
follows : 

"8.  It  being  in  contemplation  to  establish  an  institution  in  the 
District  of  Maine,  for  the  purpose  of  promoting  literary,  and  theo- 
logical knowledge ;  brethren  Blood,  Boardman,  Merrill,  Titcomb  and 
Tripp  were  appointed  a  committee  to  take  into  consideration  the 
propriety  of  petitioning  the  General  Court  for  incorporation."* 

So  far  as  can  be  ascertained,  this  is  the  first  formal  step  in  the 
establishment  of  the  institution  now  known  as  Colby  College,  although 
the  opening  words  ''it  being  in  contemplation''  indicate  that  the  matter 
had  at  least  been  under  consideration  previous  to  the  meeting  of  the 
Association.     Later  on  in  the  session  further  action  was  taken : 

"22.  The  committee  appointed  to  consider  'the  propriety  of 
petitioning  the  General  Court  relative  to  the  establishment  of  a 
Literary  and  Theological  Institution';  suggested  to  the  Association 
the  propriety  of  appointing  a  committee,  to  digest  the  matter 
systematically,  in  concert  with  brethren  from  the  Lincoln  Associa- 
tion ;  and  report  thereon  at  the  next  annual  meeting.  Elders  Blood, 
Low  and  Boardman  were  chosen  for  the  above  purpose. 

23.  Voted  to  recommend  to  the  churches  of  this  Association, 
to  endeavor  to  obtain  subscriptions  to  promote  the  proposed  institu- 
tion, and  to  forward  the  same,  to  the  last  mentioned  committee."t 

That  the  committees  appointed  fulfilled  their  duties  is  evident 
from  the  minutes  of  the  following  year,  for  we  read : 

"15.  Brethren  Low,  Francis,  Billings,  Kilgore,  Palmer,  Swett 
and  Robinson  were  appointed  a  committee  to  petition  the  General 
Court,  with  such  as  may  join  them  from  the  Lincoln  and  Cumber- 
land Associations.''^ 

In  the  meantime  the  Lincoln  Association  had  met  and  taken 
action : 

"7.  Voted  to  appoint  the  following  brethren  a  committee  to 
sign  the  petition  to  the  Legislature,  viz. — Daniel  Merrill,  Samuel 
Baker,  Joseph  Bayley,  Samuel  Stinson,  Hezekiah  Prince  and  Benja. 
Burton."§ 

*  Minutes  of  the  Bowdoinham  Association,  held  at  the  Baptist  Meeting  House,  in 
Livermore,  September  26th,  and  27th,  1810.  Portland:  Printed  by  J.  McKown,  1810. 
Page  5. 

t  The  same,  page  7. 

t  Minutes  of  the  Bowdoinham  Association,  held  in  Readfield,  September  25  and  26,  1811. 
Hallowell :     Printed  by  N.  Cheever,  1811.     Page  5. 

§  Minutes  of  the  Lincoln  Association,  holden  at  Woolwich,  September  18  and  19,  1811. 
Buckstown  (Penobscot  River).     Printed  by  Anthony  H.  Holland,  1811.     Page  5. 


8  THE  FORMATIVE  PERIOD 

And  at  its  first  session  the  newly  formed  Cumberland  Association 
passed  the  following : 

"13.  Voted,  to  appoint  a  committee  of  seven,  in  union  with  the 
Lincoln,  and  the  Bowdoinham  Associations  to  sign  a  petition  to  the 
Legislature  of  this  Commonwealth,  for  the  incorporation  of  an 
institution  in  the  District  of  Maine,  for  the  purpose  of  promoting 
literary  and  theological  knowledge,  viz. — Elders  Caleb  Blood, 
Thomas  Green,  Sylvanus  Boardman,  Benjamin  Titcomb,  John 
Haines,  Ransom  Norton  and  Deacon  Thomas  Beck.  And  that 
Brother  Caleb  Blood  lay  the  petition  before  the  legislature."* 

It  is  noteworthy  that  in  these  records  the  purpose  of  the  proposed 
institution  is  invariably  given  as  the  promoting  of  "literary  and  theo- 
logical knowledge."  If  the  idea  was  simply  the  establishment  of  a 
theological  school,  why  should  the  word  "literary"  be  mentioned  first 
in  every  case  ?  And  inasmuch  as  Hebron  Academy  had  been  in  opera- 
tion six  years,  the  Baptists  of  Maine  could  hardly  have  wished  to  set  up 
a  second  preparatory  school.  The  inference  is  plain  that  the  proposed 
school  was  to  give  literary  instruction  of  collegiate  grade.  This  pur- 
pose is  more  clearly  manifest  in  the  succeeding  documents. 

Another  point  worthy  of  our  attention,  which  seems  to  have 
escaped  the  historians  of  the  college,  is  that  the  Rev.  Caleb  Blood  did 
not  present  the  first  petition  to  the  legislature  of  1812.  That  duty  fell 
to  the  lot  of  Daniel  Merrill,  as  we  shall  presently  see. 

*  Minutes    of    the    Cumberland    Association,    holden    at    the    Baptist    Meeting-house    in 
North  Yarmouth,  October  2  and  3,  1811.     Portland     Printed  by  J.  McKown,  ISU.     Page  6. 


IN  COLBY'S  HISTORY 


III. 


The  first  step  in  the  proceedings  before  the  General  Court  of 
Massachusetts  is  recorded  on  page  112  of  the  House  Journal  for  that 
year,  as  follows : 

"Monday  20  January  1812 

P'n  of  Sundry  Persons — praying  that  a  tract  of  Land  may  be 
appropriated  to  the  establishment  of  a  Seminary  for  the  benefit  of  the 
Baptist  Denomination — Read  &  Committed  to  Mr.  Smith  of  W.  S. 
Mr.  Webb  of  B.     Hovey,  M.  V.     Coburn  of  Canaan. 

With  such  &  c     S  up  for  Con."  . 

The  petition  referred  to  is  preserved  in  the  Archives  as  House 
y20p.     It  reads  as  follows  : 

PETITION 

To  the  Honorable  Senate  and  Honorable  House  of  Representatives 
in  General  Court  Assembled. 

Your  petitioners  humbly  show,  That  whereas  the  encouragement 
of  arts  and  sciences,  and  all  good  literature  tends  to  the  honor  of 
God,  the  advantage  of  the  Christian  Religion,  and  the  great  benefit 
of  this,  and  of  the  other  United  States  of  America :  and  whereas 
wisdom  and  knowledge,  as  well  as  virtue,  diffused,  generally,  among 
the  body  of  the  people,  being  necessary  for  the  preservation  of 
their  rights  and  liberties ;  and  as  these  depend  on  spreading  the 
opportunities  and  advantages  of  education  in  the  various  parts  of 
the  country,  and  among  the  different  orders  of  the  people,  we 
believe  it  to  be,  as  the  Constitution  of  our  State  says  it  shall  be, 
the  duty  of  Legislators  and  Magistrates  in  all  future  periods  of  this 
Commonwealth,  to  cherish  the  interests  of  Literature  and  Sciences, 
and  all  seminaries  of  them,  and  encourage  public  institutions. 

Your  Petitioners  beg  leave  further  to  show,  that  whereas  Har- 
vard College  in  Cambridge,  as  well  as  the  other  Colleges  and  semi- 
naries, in  this  State,  have  been  liberally  endowed,  either  by  the 
appropriation  of  public  Lands,  or  otherwise,  by  grants  of  the  General 
Court,  and  have  been  committed  to  the  more  particular  direction 
and  management  of  that  specific  part  of  the  community,  denomi- 
nated Congregationalists ;  and  whereas  we  have  sustained  a  part, 
and  not  an  inconsiderable  part,  of  those  appropriations,  without 
having  any  particular  share  in  the  oversight  and  direction  of  such 
appropriations  ever  assigned,  by  authority,  to  that  part  of  the  com- 
munity denominated  Baptists,  we  therefore  consider,  and  are  firmly 
persuaded,  that  the  General  Court  would  do  no  injustice  to  any 
section. of  the  Commonwealth,  but  would  render  more  equal  justice 
to  the  different  sections,  and  largely  promote  the  best  good  of  the 
State  generally,  by  kindly  receiving  and  favorably  answering  the 
petition,  to  which  we  solicit  the  attention  of  your  honorable  body. 

Your  petitioners  also  beg  leave  to  show  farther,  that  there  are, 
belonging  to  the  regular  Baptist  Churches,  at  least  between  six 
and  seven  thousand  members,  in  the  district  of  Maine,  and,  large 
congregations,  generally  united  with  the  Churches  in  the  same  senti- 
ment, so  that  the  Baptists  are,  undoubtedly,  more  numerous,  in  this 
district,  than  any  other  denominations,  if  not,  than  all  others. 

Notwithstanding  our  numbers  are  so  large,  and  daily  increasing, 


10 


THE  FORMATIVE  PERIOD 


yet  we  have  no  seminary  over  which  we  have  any  control  It  is 
our  judgment,  that  it  would  be  for  the  furtherance  of  the  gospel  and 
the  general  good,  that  a  seminary  should  be  founded  in  which  some 
of  our  religious  young  men  might  be  educated  under  the  particuk? 
nspection  of  able  men  of  the  same  sentiments.  God  havYng  pm 
into  our  heart  a  strong  desire,  that  such  an  event  might  be  ImLC 
and  speedrly  accomplished,  your  Petitioners  humbly  pray  yoTrhon 
orable  body  to  take  their  request  into  your  wise  and  benevolen 
consideration,  and  grant  them,  for  the  furtherance  of  their  S  a 
[township  *  tract  of  good  land  and  cause  it  to  be  located  as  nighly 
in  the  centre  of  the  district,  and  as  conveniently  situated,  as  in  your 
wisdom  you  may  find  convenient.  For,  it  is  contemnlaVeH  Ih^.^A 
It  be  deemed  advisable  by  the  Trustees,  ^hatlheseiSr^t  on'^he 
very  [town]*  tract,  which  your  honorable  body  may  see  fit  to^rant 
for   Its   encouragement.  grant 

cu^J.^'^L  P^^^^^°"^^^  f^^i^e^^  pray.  That  your  honorable  body  will 
cause  the  Overseers  and  Trustees  of  the  proposed  Seminary  to 
be  appointed  [from  among  the  Ministers  and  churches  of  tS  own 
denomination]*  with  the  powers  and  privileges  whkh  in  suTh 
evSya;:     ^    '"  "'^'  '"^  ^''"^^^^'  ^'^  ^^^"  d'tybound,  win 


Daniel  Merrill 
Saml  Baker 
Samuel  Stinson 
Joseph  Bailey 
Hezekiah   Prince 
Phineas  Pillsbury 
Benj'n  Burton 
Robert  Low 
Thos  Francis 
Oliver   Billings 
Joseph   Killgore 
Joseph  Palmer 
John  Robinson 
Saml  Swett 

Caleb  Blood 

John  Haines 

Thomas  Green 

Sylvanus  Boardman 

Ransom  Norton 

Benjamin  Titcomb 

Thomas  Beck 


Committee  in 

The  Lincoln 
Association 


behalf 


Committee  in  behalf 

of 
The  Bozvdoinham 
Association 


Committee  Cumberland 
Association 


This  document  bears  the  following  endorsements : 

toMr''smhh^^w'c;'^L^^?/K^^^^^  ^'^^-     ^^^^  &  Committed 

Vernon   &   Mr    Coht^n    n>^'^^  °^  ^°'V^"'  ^  ^'-  ^^^^^  ^^  Mount 

SeX  mfyfon-^  ^'"''"    pf  w"p    ^'   '^?   Honorable 

"Tr,  4-uL   c       .     T  ,  ^^-  W.  Ripley,  Speaker" 

Hon  Messrs  KW  ^^TJ^^  ''i'„^^^^  ^"^  Concurred  and  the 
mittee  accordingly'^'  "''""^'  '"^  ""'^'"^  '''  ^'"'-d  of  the  Com- 
(2)     "Petition  of  Daniel  Merrill  and  others."  "*'  ^""■" 

r  1  ^m  ??'^'  ^"■""  P""''""*'^  *^  P^t't'O"  in  Pl^-^e  of  the  Rev. 
Caleb  Blood  does  not  concern  us  here.  Mr.  Smith  in  his  biography  of 
Merr,ll  answers  that  question  fully.     We  are  concerned  with  the  peti- 

*  Words  in  brackets  scratched  out  in  petition. 


IN  COLBY'S  HISTORY  11 

tion  itself,  and  it  is  worthy  of  note  that  the  petitioners  refer  to  "Har- 
vard College  in  Cambridge,  as  well  as  the  other  colleges  and  seminaries" 
being  under  the  direction  and  management  of  the  Congregationalists. 
Why  base  their  plea  upon  this  ground  if  all  they  desired  was  a  theo- 
logical school?  And  again,  it  is  alleged  "we  have  no  seminary  over 
which  we  have  any  control."  Yet  Hebron  Academy  was  already 
estabhshed,  so  they  could  not  have  had  in  mind  the  establishment  of 
another  academy. 

As  indicated  by  the  endorsement  (1)  on  the  petition,  the  Senate 
acted  in  concurrence  with  the  House.  On  page  226  of  the  Senate 
Journal  we  read : 

"Wednesday  Jan.  22.  The  petition  of  Daniel  Merrill  and  others 
praying  for  the  establishment  of  a  Baptist  College  to  Mr.  Smith  of 
W.  S.     Mr.  Webb  of  B.     Mr.  Hovey  of  and  Mr.  Coburn  of  C 

with  such  as  the  Senate  may  join  Came  up  for  Concurrence.  Read 
and  Concurred  and  the  Hon.  Mess  King,  Hastings  &  Hazard  are 
joined." 

Here  we  have  it  expressly  stated  that  the  petitioners  desired  the 
establishment  of  a  college.  Surely  the  men  to  whom  the  petition  was 
submitted  could  not  have  been  in  error  on  so  important  a  point. 

The  joint  committee  reported  three  days  later.  Their  report  is 
in  the  Archives  as  House  71^6- 

"Commonwealth  of  Massachusetts.  In  Senate  January  25th, 
1812,  The  Committee  of  both  Houses  to  whom  was  committed 
the  Petition  of  Daniel  Merrill  and  others,  a  Committee  of  the 
Lincoln  Association, — Robert  Low  and  others,  a  Committee  of  the 
Bowdoinham  Association, — and  Caleb  Blood  and  others,  a  Committee 
of  the  Cumberland  Association,  Praying  for  the  establishment  of  a 
College  in  the  District  of  Maine  and  for  a  grant  of  Land  on  which  it 
is  contemplated  the  Seminary  should  be  established, — Have  had  the 
same  under  consideration,  and  [have  directed  me  to]*  report  that  the 
Petitioners  have  leave  to  bring  in  a  Bill  embracing  both  the  objects 
prayed  for. — Which  is  Respectfully  submitted — 

by  Wm.  King  per  order. 

"In  Senate  Jany  25th  1812.  Read  and  accepted.  Sent  down  for 
Concurrence.     Saml  Dana_,  Prest." 

"In  House  of  Rep.  Jany  27,  1812.  Read  and  concurred. 
El.  W.  Ripley,  Speaker." 

The  Senate  Journal  for  January  25,  1812,  page  238,  records  the 
action  indicated  above  in  these  words : 

"Leave  to  bring  in  a  Bill  on  the  Petition  of  Daniel  Merrill  and 
others  Read  and  Accepted.  Sent  down  for  Concurrence.  Came  up 
Concurred." 

Up  to  this  point  things  were  apparently  going  smoothly.  It  was 
not  until  the  bill  had  been  introduced  that  the  opposition  is  manifested. 

*  Words  in  brackets  scratched. 


12  THE  FORMATIVE  PERIOD 

■  I 

The  bill  presented  is  preserved  in  the  Archives  as  House  72^1,  although 
first  introduced  in  the  Senate.     It  reads  as  follows : 

Commonwealth  of  Massachusetts.  In  the  year  of  our  Lord  one 
thousand  eight  hundred  and  twelve.  An  Act. — To  establish  a, 
College  in  the  District  of  Maine,  within  this  Commonwealth. — 

Be  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  that 
there  be  erected  and  established  in  the  District  of  Maine  upon  one 
of  the  Townships  hereafter  mentioned  a  College  for  the  purpose  of 
educating  youth,  to  be  called  and  known  by  the  name  of  the  Maine 
Literary  and  Theological  College  to  be  under  the  government  and 
regulation  of  a  body  politic,  as  in  this  Act  is  hereafter  described. — 

Section  2d — And  be  it  further  enacted,  that  Daniel  Merrill, 
Caleb  Blood,  Sylvanus  Boardman,  Thomas  Green,  Robert  Low, 
Benjamin  Titcomb,  Thomas  Francis,  Daniel  McMaster,  Hon.  James 
Campbell,  John  R.  Stinson,  John  Haynes,  Timothy  Johnson,  Daniel 
Hutchinson,  Joshua  Taylor,  John  Hubbard,  Samuel  Baker,  Joseph 
Bailey,  Phinehas  Pilsbury,  &  Hezekiah  Prince,  together  with  the 
President,  Treasurer  and  Fellows  of  the  said  College  for  the  time 
being,  to  be  chosen  as  in  this  Act  is  hereafter  directed,  be  and  hereby 
are  erected  a  body  politic  and  corporate  by  the  name  of  the  Presi- 
dent, Fellows  and  Trustees  of  the  Maine  Literary  and  Theological 
College  and  that  they  and  their  successors  and  such  others  as  shall 
be  duly  elected  members  of  said  Corporation,  shall  be  and  remain  a 
body  politic  and  corporate  by  that  name  forever. — 

Section  3d — And  be  it  further  enacted — That  the  Trustees  afore- 
said be  hereby  empowered  to  elect  nine  persons  of  education  to  be 
Fellows  of  the  said  Institution  and  who  shall  be  stiled  the  learned 
faculty  whose  duty  it  shall  be  to  determine  the  qualifications  of  all 
Candidates  for  degrees,  which  shall  be  given  only  by  their 
authority. — 

Section  4th — And  be  it  further  enacted — That  for  the  more 
orderly  conducting  the  business  of  the  said  Corporation,  the  Presi- 
dent, [and]*  Fellows  and  Trustees  shall  have  full  power  and  author- 
ity, from  time  to  time,  as  they  shall  determine,  to  elect  a  Vice 
President,  Treasurer,  and  Secretary  of  said  Corporation;  and  to 
declare  the  tenure  and  duties  of  their  respective  offices,  and  also  to 
remove  any  Trustee  or  Fellow  from  the  said  Corporation,  when  in 
their  judgment,  he  shall  be  rendered  incapiable,  by  age  or  otherwise 
of  discharging  the  duties  of  his  office,  and  to  fill  up  all  vacancies 
in  the  said  Corporation  by  electing  such  persons  for  Fellows  or 
Trustees  as  they  shall  judge  best. — Provided  nevertheless — That 
the  number  of  the  said  Corporation  including  the  President  of  the 
said  College  and  the  Treasurer  for  the  time  being  shall  never  be 
greater  than  thirty  one,  nor  less  than  twenty  one. — 

Section  5th — And  be  it  further  enacted  That  the  said  Corpora- 
tion may  have  one  common  seal,  which  they  may  change,  break 
or  renew  at  their  pleasure;  and  that  all  deeds,  signed  and  delivered 
by  the  Treasurer,  and  sealed  with  their  seal  by  the  order  of  the 
Corporation,  shall  when  made  in  their  [respective]*  Corporate 
name,  be  considered  in  Law  as  the  deed  of  the  said  Corporation. — 
And  that  the  said  Corporation  may  sue  and  be  sued,  in  all  actions, 
real,  personal  and  mixed,  and  may  prosecute  and  defend  the  same, 
to  final  Judgement  and  execution,  by  the  name  of  the  President,  and 
Corporation,  of  the  Maine  Literary  &  Theological  [University]* 
College,  And  that  the  said  Corporation  shall  be  capable  of  having, 
holding,  and  taking  in  fee  simple,  or  any  less  estate,  by  gift,  grant, 
devise,  or  otherwise,  any  lands,  tenements,  or  other  estate,  real  or 
personal. — Provided  nevertheless,  that  the  annual  clear  income  of  the 

*  Words  in  brackets  scratched. 


IN  COLBTS  HISTORY  13 

same  shall  not  exceed  the  sum  of  thirty  thousand  dollars. 

Section  6th — And  be  it  further  enacted, — That  the  said  Corpora- 
tion shall  have  full  power  and  authority  determine  at  what  times  and 
places  their  meetings  shall  be  holden,  and  on  the  manner  of  notifying 
the  Trustees  and  Fellows  to  convene  at  such  meetings: — And  also 
from  time  to  time  to  elect  a  President  and  Treasurer  of  said  College, 
and  such  Professors,  Tutors,  Instructors,  and  other  officers  of  said 
College,  as  they  shall  judge  most  for  the  interest  thereof,  and  to  de- 
termine the  duties,  salaries,  emoluments  and  tenures  of  their  several 
offices  aforesaid :  The  said  President,  for  the  time  being,  when 
elected  and  inducted  into  his  office,  to  be,  ex-ofUcio,  the  President 
of  the  said  Corporation. — And  the  said  Corporation  are  farther  em- 
powered to  purchase  or  erect,  and  keep  in  repair,  such  houses  and 
other  buildings  as  they  shall  judge  necessary  for  the  said  College ; 
and  also  to  make  and  ordain,  as  occasion  may  require,  reasonable 
rules,  orders  and  bye  laws,  not  repugnant  to  the  laws,  of  this  Com- 
monwealth, with  reasonable  penalties  for  the  good  government  of 
the  said  College,  and  also  to  determine  and  prescribe  the  mode  of 
ascertaining  the  qualifications  of  the  students  requisite  to  their  ad- 
mission.— Provided  nevertheless.  That  no  corporate  business  shall 
be  transacted  at  any  meeting  unless  thirteen  at  least  of  the  Corpora- 
tion are  present. — 

Section  7th — And  be  it  further  enacted — That  the  President, 
Professors,  and  Fellows  of  the  said  College  are  hereby  empowered 
to  confer  [such  degrees  as  are  usually  conferred  by  Universities 
established  for  the  education  of  youth.  Provided  nevertheless — 
That  the  said  Board  shall  confer  no  degrees  other]*  the  degrees  of 
Bachelor  of  Arts,  and  Master  of  Arts,  [untill  after  the  first  day  of 
January,  which  will  be  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  twenty. — ]* 

Section  8th — And  be  it  further  enacted — That  the  clear  rents, 
issues  and  profits  of  all  the  estate,  real  and  personal,  of  which  the 
said  Corporation  shall  be  seized  or  possessed,  shall  be  appropriated 
to  the  endowment  of  the  said  College,  in  such  manner  as  shall  most 
effectually  promote  Virtue  and  Piety,  and  the  knowledge  of  such  of 
the  languages,  and  of  the  liberal  arts  and  sciences  as  shall  hereafter 
be  directed  from  time  to  time  by  the  said  Corporation. — 

Section  9th — And  be  it  further  enacted — That  the  Hon.  John 
Woodman,  Esquire  be  and  he  is  hereby  authorized  and  impowered 
to  fix  the  time  and  place  for  holding  the  first  meeting  of  the  said 
Corporation,  of  which  he  shall  give  notice,  by  an  advertisement  in  a 
Portland  and  one  other  eastern  newspaper,  at  least  fourteen  days 
previous  to  the  time  of  said  meeting. — 

Section  10th — And  be  it  further  enacted — That  the  Treasurer 
of  the  said  Corporation  shall  before  he  enters  upon  the  execution 
of  the  duties  of  his  office  give  bonds  to  the  said  Corporation,  in 
such  sums,  and  with  such  sureties  as  they  shall  approve  of,  con- 
ditioned for  the  faithful  discharge  of  the  said  office,  and  for  render- 
ing a  just  and  true  account  of  his  doings  therein,  when  required. — 
And  that  all  the  money  securities,  and  other  property  of  the  said 
corporation  together  with  all  the  books  in  which  his  accounts  and 
proceedings,  as  Treasurer,  were  entered  and  kept,  that  shall  be  in 
his  hands  at  the  expiration  of  his  office,  shall,  upon  demand  made 
upon  him,  his  executors  or  administrators,  be  paid  and  delivered 
over  to  his  successor  in  that  office.  And  all  monies  recovered  by 
the  virtue  of  any  suit  at  law,  upon  such  bond,  shall  be  paid  over  to 
the  Corporation  aforesaid,  and  subjected  to  the  appropriation  above 
directed  in  the  Act. — 

Section  11th — And  be  it  further  enacted  [A]* — And  the  said 
Corporation  shall  be  holden  to  [give]*2  render  an  account  to  the 

Words  in  brackets  scratched. 

See  below,  Amendments.     *2  Scratched  out. 


^4  THE  FORMA  TIVE  PERIOD 

Legislature,  whenever  they  shall  see  fit  to  require  it,  of  all  their 
fun^frSf;j*f"c'o/.t."'"""  "'  ''^^°""«  "''"^  funds  I'ft^ill^ 
Section  12th--And  be  it  further  enacted— That  there  be  and 
hereby  ,3  granted,  a  tract  of  land,  twelve  miles  square  or  four 
Townsh.ps,  either  seperate  or  adjoining  each  other  of  the  contems 
of  SIX  miles  square  each,  either  the  one  or  the  other  as  the  Cor 
porafon  of  the  said  College  may  judge  to  be  most  conducive  to  the" 
prosperity  and  interest  of  the  same,   to  be  laid  out  and  assigned 

we°aVTn  VX'^T^r^rif-  '^"<^  ''^'°"«»^  t°  tWs  Cor^mon- 
wealth    m    the    District    of    Maine,    under    the    same    restrictions 

usuX  ma"de*  Citations  as  other  grants  for  similar  puJpoS'  are 
usually  made  The  same  to  be  vested  in  the  Corporation  of  the  said 
College  and  their  successors  forever,  for  the  use  benefit  and  puroose 
of  suporting  said  College,  to  be  by  them  holden  in  their  CoroorSe 
?h?'s','^'  y-'lf""  P°wer  and  authority  to  settle  divide  and  manage 
the  same  tract  of  land  or  townships,  or  any  part  thereof  or  to  sefl 
convey  or  dispose  of  the  same  for  settlement  on  y,  and  to  no  one 
person  a  larger  quantity  than  one  thousand  acres,  in  such  way  Tnd 
tnanner.as  shall  best  promote  the  welfare  of  said  College  the  same 
to  be  laid  out  under  the  direction  of  the  Committee  for  the  sallTf 
fecr'e7a"y^^"o^^ce.'"'    '   ^'^"    "'   '''"'   "^"^^   -'^-^    '"tf thi 

(The  spelling  throughout  the  above  copy  is  that  of  the  original  ) 
If  there  had  been  any  room  for  doubt  in  the  earlier  stages  of  the 
movement  as  to  its  real  purpose,  this  draft  of  the  proposed  charter 
would  dispel  ,t.  It  is  essentially  a  college  charter.  Indeed,  it  was 
more  than  that  m  its  first  form,  for  originally  the  word  "University- 
was  used  m  every  place  where  the  word  "College"  now  appears.  The 
change  was  made  by  erasure  (the  traces  are  still  plainly  visible  in  the 

tt"wor7'TT""''-;"  *"°  "'''''■'''  *^  *°P  °^  P'S'  t^'--  °f  *e  draft 
the  word    University"  is  merely  crossed  out,  as  indicated  by  the  11 

m  the  above  copy,  and  the  word  "College"  was  written  beside  it     The 
inT  t       "^f  1  'T'^  '^''"  °"  ''''  ''''''  P^g«-     I"  addition  to  this 
ection  m  ,ts  first  form  gave  the  proposed  institution  the  power  to  con- 
fer thetd  T''  'I  "■'  '^'"""^  "^"^'""^  ^y  Universities  established 

this  and  the  n"  f  '°"*;  ^^'''"^'^  ^^""^  ^'^  -"«  objection  to 
this  and  the  power  to  grant  degrees  was  restricted  to  those  of  Bachelor 
of  Arts  and  Master  of  Arts.  How  any  one  can  read  this  draft  of  X 
proposed  charter  and  maintain  that  the  petitioners  had  in  mind  pri! 
mar,ly  a  theological  school,  it  is  hard  to  understand  ^ 

*2  Scratched  out. 


IN  COLBY'S  HISTORY  15 

As  in  the  charter  itself,  the  word  "College"  is  here  written  over 
the  erasure  of  "University",  indicating  that  the  changes  noticed  above 
were  made  after  the  bill  was  introduced  in  the  Senate. 

Up  to  this  point  the  petitioners  had  met,  apparently,  with  no  serious 
opposition.  But  their  experience  with  the  House  was  to  be  far  differ- 
ent, although  the  bill  passed  the  first  reading,  as  indicated  by  an  entry  in 
the  House  Journal  for  Wednesday,  February  12,  1812 : 

"Bill  to  establish  a  College  in  Maine— by  the  name  of  the  Maine 
Literary  and  Theological  College  Read  a  first  time  &  Friday  14th 
assd  for  a  2d  Rdg  &  400  Copies  to  be  printed." 

Of  the  four  hundred  printed  copies  only  one  has  so  far  been 
located.  That  is  in  the  Boston  Public  Library  and  can  be  seen  by  any 
visitor  on  request.     It  is  bound  with  other  pamphlets  of  the  period. 

Although  the  second  reading  was  assigned  for  the  14th,  it  was  not 
until  Saturday,  February  22d,  that  the  bill  was  called  up,  to  meet  an 
overwhelming  and,  in  view  of  the  preceding  votes,  an  unaccountable 
defeat.     The  brief  record  in  the  House  Journal  is  as  follows : 

"Bill  to  establish  a  College  in  the  District  of  Maine  Read  a  2d 
time  &  amended  on  Motion  of  Mr.  Mudge.*  On  motion  of^  Dr. 
Dodge2  the  House  ordered  the  first  Section  to  be  stricken  out." 

The  entry  is   followed  by  the  figures   "224-60",   evidently  the  vote 

on  the  last  motion.     Of  the  nature  of  the  amendments  offered  by  Mr. 

Mudge  we  are  not  in  doubt,  for  two  slips  of  paper  are  inserted  opposite 

the  eleventh  section  of  the  bill,  bearing  what  we  may  well  assume  to 

be  the  suggested  amendments.     The  first  comes  at  the  very  beginning 

of  the  section  and  reads : 

"[Section  11th  at]  A  [insert]*  that  the  Legislature  of  this 
Commonwealth  may  grant  any  further  powers  to  or  alter  limit 
annul,  or  restrain  any  of  the  powers  of  this  Act  vested  in  the  said 
Corporation,  as  shall  be  judged  necessary  to  promote  the  best  in- 
terest of  the  said  College—" 

The  purpose  of  this  is  obvious;  its  effect  was  to  limit  the  life  of  the 
institution  to  the  pleasure  of  the  Massachusetts  legislature.  The 
second  amendment  was  even  more  important.  It  provided  that  "there 
shall  never  be  in  the  said  Corporation  a  majority  of  members  who  are 
of  [any]*  the  same  religious  denomination".  The  effect  of  this  would 
have  been  entirely  to  defeat  the  purpose  of  the  petitioners,  which  was 
to  have  a  college  under  Baptist  control.  With  the  passage  of  these 
two  amendments  the  battle  was  lost.  The  vote  to  strike  out  the  first 
section,  i.e.,  to  kill  the  bill,  was  hardly  necessary.  Nothing  more 
could  be  done  for  the  time  being,  and  the  matter  was  dropped  until  a 
new  legislature  should  meet. 

*  Enoch  Mudge,  of  Orrington. 

2  Ezekiel  G.   Dodge,   of  Thomaston. 

*  Words  in  brackets  crossed  out. 


^^  THE  FORMATIVE  PERIOD 


IV. 


What  were  the  forces  which  opposed  the  passage  of  the  charter  of 
he  Maine  Literary  and  Theological  College"  in  February,  1812? 
While  we  cannot  answer  that  question  with  absolute  certainty  there 
can  be  little  doubt  that  the  friends  of  the  infant  institution  at  Brunswick 
were  averse  to  the  establishment  of  a  second  college  in  the  District 
of  Maine  and  used  their  influence  to  prevent  the  passage  of  the  charter 
submitted  1  Be  that  as  it  may,  there  was  sufficient  opposition  to  secure 
the  overwhelmmg  defeat  of  the  proposed  charter. 

That  Merrill  and  his  co-workers  were  not  disposed  to  relinquish 
their  attempt  to  secure  full  collegiate  powers  for  their  proposed  insti- 
ll ion  IS  evident  from  their  next  move.  Had  they  now  submitted  a 
bill  for  a  strictly  theological  school,  there  is  every  reason  to  believe 
hat  It  would  have  been  speedily  passed.  But  they  did  no  such  thing 
When  the  new  General  Court  met  early  in  the  summer  of  1813,  Daniel 
Merrill  was  present  as  a  member  of  the  lower  house,  and  from  this 
vantage  point  continued  his  fight.  On  the  fifth  of  June  he  presented  a 
second  petition.  This  was  identical  with  the  first  petition  presented 
the  previous  January,  with  the  exception  of  the  signatures  at  the  end 
Ihese  were  as  follows: 

Daniel   MEEunr  It"  ''^''=''*.  ^"^  by  the  direction  of  the 

iJANiEL   MERRILL  ^  Liticoln  Association,  containing  forty- 

(.  eight  associate  Churches. 

Robert  Low  ll^    h^i,\i    and    by    the    direction    of 

KOBERTLow  jthe    Bowdomham    Association;    con- 

L  taming  twenty  associate  Churches. 

ThomIs^'gheeT"*"     Ith   ''*'"l^"d  by  the  direction  of  the 
Caleb  Blood  i  •       Cumberland  Association,  contain- 

CALEB  BLOOD  ^  ,„g  twenty-four  associated   Churches. 

can  Iw  *'  '''""^^u"  *^^■•'•=^"^e■"ent  of  signatures  was  made  we 
can  only  surmise.  The  petitioners  may  have  thought  that  the  new 
m  thod  gave  a  better  indication  of  their  strength  as  representing  a 
total  of  ninety-two  associated  Baptist  churches.     The  petition  bears  two 

r^r^TtrTf  theL^r ''-'  -'  ^"-^^^  '^  ^'^  '^^^- 

^S^^'^.^^s&^Zf^^^^^^  Mess 

'    l^^sThTs'qJite' Clean  "'"'^  *°  "'^''^^^  "^^  ^"'^-^"ed  the  petition  of  1819  for  further  aid 


IN  COLBY'S  HISTORY  17 

The  report  of  that  committee,  filed  with  the  petition,  is  as  follows : 

Commonwealth  of  Massachusetts. 

The  Committee  of  the  Senate  to  whom  was  referred  the  Petition 
of  Daniel  Merrill  and  others  praying  that  they  may  allowed  to  es- 
tablish a  College  in  the  district  of  Maine  within  this  Commonwealth 
and  for  a  Grant  of  Land,  to  aid  them  in  the  establishment  of  such 
Seminary,  have  had  the  same  under  consideration,  and  ask  leave  to 
Report— That  the  further  consideration  thereof  be  referred  to  the 
[next] 2  last  session  of  the  present  General  Court.  Which  is  re- 
spectfully submitted,  by  order  of  the  Committee.  E.  Poor,  Chairman 

In  the  Senate  June  11th  1812  Read  &  accepted  Sam.  Dana  Pres. 

Here  again  we  find  the  purpose  of  the  petitioners  stated  in  the  words 
"to  establish  a  College  in  the  district  of  Maine,"  showing  plainly  how 
the  matter  was  viewed  at  the  time.  Why  further  consideration  wa^, 
postponed  to  the  winter  session  of  the  General  Court,  is  a  question 
the  documents  do  not  answer.  The  second  endorsement  upon  the  peti- 
tion shows  the  action  taken  by  the  Senate  at  that  later  session : 

"In  Senate,  Feby  13th  1813.  Read  and  Committed  to  the  Hon 
Mess  Phillips,  Poor  and  Foote— to  consider  and  report  thereon. 
Sam.  Dana,  Pres." 

This  is  the  same  committee  to  which  it  had  been  committed  in  the 
previous  June,  and  that  they  were  favorably  disposed  is  shown  by  their 
report,  which  follows : 

Commonwealth  of  Massachusetts. 

The  Committee  of  Senate  to  whom  was  referred  the  Petition 
of  Daniel  Merrill  and  others  praying  that  they  may  be  incorporated 
into  a  Literary  Seminary  in  the  District  of  Maine  with  the  usual 
powers  &  privileges,  and  for  a  Grant  of  Land  to  enable  them  to 
carry  into  effect  the  object  of  the  Petition,  have  had  the  same  under 
consideration— and  ask  leave  to  Report— That  the  prayer  of  the 
Petition  be  so  far  granted,  that  the  Petitioners  have  leave  to  brmg  m 
a  Bill  for  that  purpose. 

Which  is  respectfully  submitted,  by  order  of  the  Committee, 
John  Phillips,  Chairman. 

In  Senate  Feby  19th  1813  Read  and  accepted.  Sam.  Dana, 
Pres. 

One  significant  change  in  phraseology  is  to  be  noted  in  this  re- 
port. The  word  "college"  is  no  longer  used ;  in  its  place  we  find  "Liter- 
ary Seminary."     That  this  change  was  made  with  a  view  to  lessening 

i  opposition  we  may  be  allowed  to  assume  in  view  of  what  came  later. 

j  In  accordance  with  the  report  of  the  commitee,  a  draft  of  the  desired 

j  charter  was  submitted  in  this  form  :^ 

?  2     Word  in  brackets  crossed  out  in  original. 
3     Words  in  brackets  were  crossed  off  in  original.     Portions  printed  in  italics  were  amended 
out  of  the  charter.     Letters  in  parentheses  refer  to  list  of  amendments  given  later. 


18  THE  FORMATIVE  PERIOD 

Commonwealth  of  Massachusetts.  In  the  year  of  our  Lord 
eighteen  hundred  and  thirteen.  An  act. — To  establish  a  Literary- 
Institution  in  the  District  of  Maine,  within  this  Commonwealth. — 

Be  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  that 
there  be  erected  and  established  in  the  District  of  Maine  in  the 
Township  hereafter  mentioned  a  Literary  Institution,  for  the  pur- 
pose of  educating  youth  to  be  called  and  known  by  the  name  of  the 
Maine  Literary  and  Theological  Institution,  to  be  under  the  govern- 
ment and  regulation  of  a  body  politic,  as  in  this  Act  is  hereafter 
described. 

Sect.  2 — [And]  be  it  further  enacted.  That  Daniel  Merrill,  Caleb 
Blood,  Sylvanus  Boardman,  Thomas  Green,  Robert  Low,  Benjamin 
Titcomb,  Thomas  Francis,  Ransom  Norton,  Daniel  McMaster,  Hon. 
James  Campbell,  Samuel  Stinson,  John  Hovey,  David  Nelson,  Al- 
ford  Richardson,  John  Haynes,  Samuel  Baker,  Joseph  Bailey, 
Phinehas  Pilsbury,  Hezekiah  Prince,  Moses  Dennett,  and  John  Neal, 
together  with  the  President,  (A)  Treasurer  (B)  and  Fellows  of  the 
said  Institution,  for  the  time  being,  to  be  chosen,  as  in  this  Act,  is 
hereafter  directed,  be  and  hereby  are  erected  a  body  politic  and 
corporate  by  the  name  of  the  President,  (C)  Fellows  and  Trustees 
of  the  Maine  Literary  and  Theological  Institution.  And  that  they 
and  their  successors,  and  such  others  as  shall  be  duly  elected  mem- 
bers of  said  Corporation,  shall  be  and  remain  a  body  politic  and 
corporate  by  that  name  forever. 

Sect.  3 — (D)  [And]  he  it  further  enacted,  That  the  Trustees 
aforesaid  he  herehy  empowered  to  elect  nine  persons  of  education 
to  he  Fellows  of  the  said  Institution,  and  who  shall  he  stiled  the 
Learned  Faculty,  whose  duty  it  shall  he  to  determine  the  qualifica- 
tions of  all  Candidates  for  degrees,  which  shall  he  given  only  by 
their  authority. 

Sect.  4 — [And]  be  it  further  enacted.  That  for  the  more  orderly 
conducting  the  business  of  the  said  Corporation,  the  President,  (E) 
and  Fellows  and  Trustees  shall  have  full  power  and  authority,  from 
time  to  time,  as  they  shall  determine,  to  elect  a  Vice  President, 
Treasurer,  and  Secretary  of  said  Corporation,  and  to  declare  the 
tenure  and  duties  of  their  respective  offices,  and  also  to  remove 
any  Trustee,  (F)  or  Fellow  from  the  said  Corporation,  when  in 
their  judgment,  he  shall  be  rendered  incapable,  by  age  or  otherwise, 
of  discharging  the  duties  of  his  office,  and  to  fill  up  all  vacancies  in 
the  said  Corporation,  by  electing  such  persons  for  (G)  Fellows  or 
Trustees  as  they  shall  judge  best.  Provided  nevertheless  That  the 
numberof  the  said  Corporation,  including  the  President  of  the  said 
Institution,  and  the  Treasurer  for  the  time  being,  shall  never  be 
greater,  than  Thirty  one,  nor  less  than  twenty  one. 

Sect.  5 — And  be  it  further  enacted.  That  the  said  Corporation 
may  have  one  common  seal,  which  they  may  change,  break,  or  renew 
at  their  pleasure;  and  that  all  deeds,  signed  and  delivered  by  the 
Treasurer,  and  sealed  with  their  seal  by  the  order  of  the  Cor- 
poration, shall  when  made  in  their  Corporate  name,  be  considered 
in  Law  as  the  deed  of  the  said  Corporation. — And  that  the  said  Cor- 
poration may  sue  and  be  sued,  in  all  actions,  real,  personal  and 
mixed,  and  may  prosecute  and  defend  the  same,  to  final  Judgment 
and  execution,  by  the  name  of  the  President,  and  Corporation,  of 
the  Maine  Literary  &  Theological  Institution.— And  that  the  said 
Corporation  shall  be  capable  of  having,  holding,  and  taking  in  fee 
simple,  or  any  less  estate,  by  gift,  grant,  devise,  or  otherwise,  any 
lands,  tenements,  or  other  estate,  real  or  personal.  Provided  never- 
theless, That  the  annual  clear  income  of  the  same  shall  not  exceed 
sum  of  thirty  thousand  dollars. 


IN  COLBTS  HISTORY  19 

Sect.  6 — [And]  be  it  further  enacted,  That  the  said  Corporation 
shall  have  full  power  and  authority  to  determine  at  what  times 
and  places  their  meetings  shall  be  holden,  and  on  the  manner  of 
notifying  the  Trustees  (H)  and  Fellows  to  convene  at  such 
meetings ;  And  also  from  time  to  time  to  elect  a  President  of 
said  Institution,  and  such  Professors,  Tutors,  Instructors,  and  other 
officers  of  said  Institution,  as  they  shall  judge  most  for  the  interest 
thereof,  and  to  determine  the  duties,  salaries,  emoluments  and  ten- 
ures of  their  several  officers  aforesaid.  The  said  President,  for  the 
time  being,  when  elected  and  inducted  into  his  office,  to  be,  ex-officio, 
President  of  the  said  Corporation. — And  the  said  Corporation  are 
further  empowered  to  purchase  or  erect,  and  keep  in  repair,  such 
houses  and  other  buildings  as  they  shall  judge  necessary  for  the 
said  Institution;  and  also  to  make  and  ordain,  as  occasion  may 
require,  reasonable  rules,  orders  and  by  laws,  not  repugnant  to  the 
laws,  of  this  Commonwealth,  with  reasonable  penalties  for  the  good 
government  of  said  Institution,  and  also  to  determine  and  prescribe 
the  mode  of  ascertaining  the  qualifications  of  the  students  requisite 
to  their  admission.  Provided,  nevertheless.  That  no  corporate 
business  shall  be  transacted  at  any  meeting  unless  thirteen  at  least 
of  the  Corporation  are  present. 

Sect.  7 — (I)  Be  it  further  enacted,  That  the  President,  Pro- 
fessors, and  Fellows  of  the  said  Institution  are  hereby  empowered 
to  confer  degrees  of  Bachelor  of  Arts  and  Master  of  Arts. 

Sect.  8 — [And]  be  it  further  enacted.  That  the  clear  rents,  issues 
and  profits  of  all  the  estate,  real  and  personal,  of  which  the  said 
Corporation  shall  be  seized  or  possessed,  shall  be  appropriated 
to  the  endowment  of  the  said  Institution,  in  such  manner  as  shall 
most  effectually  promote  virtue  and  piety,  and  the  knowledge  of 
such  of  the  languages,  and  of  the  liberal  arts  and  sciences  as  shall 
hereafter  be  directed  from  time  to  time  by  the  said  Corporation. 

Sect.  9 — And  be  it  further  enacted.  That  the  Hon.  John  Wood- 
man, Esq.  be,  and  he  is  hereby  authorized  and  impowered  to  fix  the 
time  and  place  for  holding  the  first  meeting  of  the  said  Corpora- 
tion, of  which  he  shall  give  notice,  by  an  advertisement  in  a 
Portland  and  one  other  Eastern  newspaper,  at  least  fourteen  days 
previous  to  the  time  of  said  meeting 

Sect.  10 — And  be  it  further  enacted,  That  the  Treasurer  of  the 
said  Corporation  shall,  before  he  enters  upon  the  execution  of 
the  duties  of  his  office,  give  bonds  to  the  said  Corporation,  in 
such  sums,  and  with  such  sureties  as  they  shall  approve  of,  con- 
ditioned for  the  faithful  discharge  of  the  said  office,  and  for 
rendering  a  just  and  true  account  of  his  doings  therein,  when 
required.  And  that  all  the  money,  securities,  and  other  property 
of  the  said  Corporation,  together  with  all  the  books  in  which  his 
accounts  and  proceedings,  as  Treasurer,  were  entered  and  kept,  that 
shall  be  in  his  hands,  at  the  expiration  of  his  office,  shall,  upon 
demand  made  upon  him,  his  executors  [and]  or  administrators, 
be  paid  and  delivered  over  to  his  successor  in  that  office.  And  all 
monies  recovered  by  the  virtue  of  any  suit  at  law,  upon  such  bond, 
shall  be  paid  over  to  the  Corporation  aforesaid,  and  subjected  to  the 
appropriation  above  directed  in  the  Act. 

Sect.  11 — [And]  be  it  further  enacted.  That  the  Legislature  of 
this  Commonwealth  may  grant  any  further  powers  to,  or  alter, 
limit,  annul,  or  restrain,  any  of  the  powers  by  this  Act  vested  in 
the  said  Corporation,  as  shall  be  judged  necessary  to  promote  the 
best  interest  of  the  said  Institution.  And  the  said  [Institution] 
Corporation  shall  be  holden  to  render  an  account  to  the  Legislature, 
whenever  they  shall  see  fit  to  require  it,  of  all  their  proceedings, 
and  the  manner  of  disposing  of  the  funds  of  said  Institution. 

Sect.  12 — [And]  be  it  further  enacted,  That  there  be  and  hereby 


20  THE  FORMATIVE  PERIOD 

is  granted  a  township  of  land,  six  miles  square,  to  be  laid  out  and 
assigned  from  any  of  the  unappropriated  land,  belonging  to  this 
Commonwealth  in  the  District  of  Maine,  under  the  same  restric- 
tions, reservations  and  limitations  as  other  grants,  for  similar 
purposes  are  usually  made. — The  same  to  be  vested  in  the  Corpora- 
tion of  said  Institution,  and  their  successors  forever,  for  the  use 
benefit  and  purpose  of  supporting  said  Institution,  to  be  by  them 
holden  in  their  Corporate  capacity,  with  full  power  and  authority 
to  settle,  divide,  and  manage  the  same  tract  of  land  or  township, 
or  any  part  thereof,  or  to  sell,  convey  or  dispose  of  the  same 
for  settlement  only,  and  to  no  one  person  a  larger  quantity  than 
one  thousand  acres,  in  such  way  and  manner  as  shall  best  promote 
the  welfare  of  said  Institution,  the  same  to  be  laid  out  under  the 
direction  of  the  Committee  for  the  sale  of  Eastern  Lands,  and  a 
plan  or  plans  thereof  returned  into  the  Secretary's  office.  (K) 

Although  the  word  ''Institution"  has  been  substituted  for  the 
word  "College"  in  the  title,  this  bill  is  practically  the  same  as  that  sub- 
mitted in  1812,  and  is  still  essentially  a  college  charter.  The  slight 
changes  which  should  be  noted  are  these :  Changes  in  the  individuals 
named  as  incorporators  in  section  two;  change  in  the  eleventh  section 
giving  the  legislature  the  power  to  increase,  alter,  limit,  or  annul  any 
of  the  powers  granted ;  a  grant  of  one  township  of  land,  in  place  of  the 
four  townships  given  by  the  previous  bill.  The  petitioners  seem  to 
have  believed  that  by  substituting  the  word  "Institution"  for  "College" 
and  making  the  further  concessions  noted,  they  might  appease  the  op- 
position and  secure  an  institution  with  full  collegiate  powers  under  an- 
other name.     Their  hopes  however,  were  ill-founded. 

As  had  been  the  case  the  previous  year,  there  was  no  opposition 
in  the  Senate,  as  the  endorsement  makes  clear : 

"In  Senate,  February  22d,  1813.  This  bill  having  had  two  several 
readings  passed  to  be  engrossed.  Sent  down  for  Concurrence. 
Sam.  Dana,  Pres." 

The  action  of  the  House  was  not  delayed,  for  the  bill  was  disposed 
of  on  the  following  day.     The  record  reads  thus: 

"In  the  House  of  Representatives,  Feb.  23,  1813.  This  Bill 
having  had  three  several  reading  passed  to  be  engrossed  in  concur- 
rence with  the  Hon.  Senate  with  following  amendments  viz.,  at  A 
insert  'and',  at  B  dele  'and  fellows',  at  C  dele  'Fellows',  at  D  dele 
the  whole  3d  Section ;  at  E  dele  'Fellows',  at  F  dele  'or  fellows',  at  G 
dele  'fellows  or',  at  H  dele  'and  fellows',  at  I  dele  the  whole  seventh 
section. 

"Sent  up  for  concurrence,  Timothy  Bigelow  Speaker." 

A  separate  slip  contains  a  draft  of  the  above  amendments  and  one 
other  which  was  also  adopted : 

"At  K  add  'within  three  years  after  the  expiration  of  the  present 
war  with  Great  Britain." 


IN  COLBY'S  HISTORY  21 

These  are  the  changes  which  Dr.  Burrage^  characterizes  as 
"trifling  amendments !"  They  were  in  fact  all-important  and  stripped 
the  proposed  institution  completely  of  collegiate  powers.  Mierrill 
and  his  colleagues  were  now  convinced  apparently,  of  the  futility 
of  pressing  further  at  that  juncture  their  request  for  a  college 
charter,  and  signified  their  willingness  to  accept  the  amended  bill.  On 
the  twenty-fifth  of  February  the  Senate  concurred  in  the  amendments, 
and  on  the  twenty-seventh  the  bill  was  approved  by  the  Governor.^ 
The  petitioners  had  secured  a  charter  for  a  "Literary  and  Theological 
Institution"  only,  but  that  they  had  not  given  up  the  idea  of  establishing 
a  college  the  sequel  shows.  For  the  present,  however,  they  allowed  that 
matter  to  rest.  As  Dr.  Hall  remarks  :^  "The  name  'Literary  and 
Theological  Institution'  was  at  that  time  a  favorite  designation  attached 
to  many  schools  of  a  higher  order  in  which  collegiate  and  theological 
classes  were  united,"  and  there  was  nothing  to  prevent  the  giving  of 
collegiate  courses  under  the  charter  granted,  although  no  degrees  could 
be  conferred.  In  fact,  such  collegiate  courses  were  given  by  the  in- 
stitution, beginning  in  1819. 


4  History  of  tho  Baptists  in  Maine,  p.  168. 

5  The  charter  in  its  final  form  has  been  so  often  re-printed  that  it  is  unnecessary  to  give  it 
here. 

6  In  his  "History  of  Higher  Education  in  Maine,"  p.  99. 


22  THE  FORMATIVE  PERIOD 


V. 


When  the  Maine  Literary  and  Theological  Institution  came  into 
corporate  existence  two  years  and  four  months  had  passed  since  the 
first  action  of  the  Bowdoinham  Association.  Five  years  more  went 
by  before  the  work  of  instruction  actually  commenced  at  Waterville. 
They  were  not  years  of  inactivity,  but  were  spent  in  securing  from  the 
State  the  township  of  land  donated  by  the  act  of  incorporation,  in  de- 
ciding upon  a  suitable  location,  and  in  endeavors  to  obtain  further  state 
aid.  We  cannot  follow  in  detail  all  the  steps  taken,  but  must  confine 
our  attention  solely  to  the  documents  which  have  a  direct  bearing  on 
the  character  of  the  institution  which  the  founders  had  in  mind  to 
set  up. 

As  early  as  June  4,  1813,  the  Trustees  attempted  to  secure  by  a 
Resolution'^  of  the  General  Court  the  laying  out  of  Township  No.  3  on 
the  West  side  of  the  Penobscot  river  for  the  benefit  of  the  Institution, 
but  it  was  not  until  February  15,  1815,  that  the  grant  was  made.  And 
on  June  14,  1813^,  the  Trustees  sought  to  obtain  permission  to  locate  the 
Institution  elsewhere  than  on  the  township  specified,  but  not  until  June 
15,  1816  was  the  desired  permission  given.  By  a  vote  of  the  Trustees 
on  October  1,  1817,  Waterville  was  chosen  as  the  site  of  the  Institution. 
This  meeting,  which  occupied  two  days,  October  first  and  second,  was  a 
most  important  one.     Among  the  votes  recorded  we  find : 

"Vote  17.     Voted  that  the  price  of  tuition   shall   be    the    same    in 
this    Institution    as    in    Bowdoin  College." 

While  in  itself  of  no  great  importance,  this  indicates  that  the  Trus- 
tees had  in  view  the  establishment  of  an  institution  of  a  grade  equal 
to  that  of  the  college  in  Brunswick.  Taken  in  connection  with  what 
comes  later  it  is  an  interesting  link  in  the  chain  of  evidence.  At  this 
meeting,  also,  the  Trustees  considered  the  "expediency  of  electing  any 
of  the  officers  of  the  Institution,"  and  "also  at  what  time  tuition  may 
probably  commence ;"  but  it  was  not  until  the  following  February  that 
the  Rev.  Jeremiah  Chaplin  was  chosen  Professor  of  Theology  and 
Rev.  Irah  Chase,  Professor  of  Languages.  Mr.  Chase  declined  the 
appointment,  and  on  July  G,  1818,  Mr.  Chaplin  alone  commenced  the 
work  of  instruction.  The  Trustees  continued  to  seek  a  man  for  the 
position  declined  by  Mr.  Chase,  but  it  was  some  months  before  they 
were  successful. 

7  See  file  "Senate  471.'}"  in  Massachusetts  Archives. 

8  See  file  "House  7574"  in  Massachusetts  Archives. 


IN  COLBY'S  HISTORY  23 

Repeated  attempts  to  secure  further  grants  from  the  state  were 
unsuccessful.  The  report  of  the  committee  to  whom  the  last  of  these 
petitions  was  referred  is  interesting  because  it  goes  at  length  into  the 
question  and  gives  the  reasons  for  declining.^  After  stating  that  the 
Trustees  are  trying  to  set  up  a  college,  although  the  Legislature  had 
not  granted  them  a  college  charter,  the  committee  state  that  in  their 
opinion  one  college  is  enough  for  the  District  of  Maine  and  that  all 
state  grants  should  go  to  the  one  already  established. 

In  the  meantime  a  plot  of  ground  had  been  purchased  in  Waterville, 
and  steps  were  taken  toward  erecting  buildings  thereon.  In  the  records 
of  the  Trustees  for  their  meeting  in  May,  1819,  we  find  the  following: 

"7.  Voted  that  Rev.  Dr.  Baldwin,  Rev.  Jeremiah  Chaplin,  Cal- 
vin Stockbridge,  Timothy  Boutelle,  &  John  Hovey  Esq.  be  a  com- 
mittee to  take  into  consideration  &  report  at  the  present  meeting 
the  expediency  of  erecting  one  or  more  buildings,  the  present 
year,  on  the  College  land  in  Waterville,  of  what  size  &  of  what 
materials." 

As  the  result  of  the  above  vote  we  have  later  in  the  session  the 

following : 

"10.  Voted,  That  the  following  gentlemen,  viz.  Nathaniel  Gil- 
man,  Timothy  Boutelle  &  Asa  Redington  Esq.  be  a  committee  to 
erect  a  wooden  building,  on  the  College  Land,  two  stories  high. 
.  .  .  .  &  said  committee  are  authorized  to  contract  for  brick  to 
be  made  not  exceeding  two  hundred  thousand  &  also  for  other 
materials  for  the  College  Edifice  to  be  commenced  building  as  early 
the  next  season  as  practicable  &  said  committee  are  requested  to 
prepare  &  present  to  the  Trustees  at  their  next  meeting  in  August 
next  a  plan  of  a  College  building  &c" 

Here  again  we  have  evidence  that  the  Trustees  considered  the  In- 
stitution as  a  college,  in  spite  of  their  failure  to  secure  a  college  charter. 
Further  evidence  on  this  point  is  to  be  found  in  a  pamphlet  dated  May 
21,  1819,  and  entitled  "Maine  Literary  and  Theological  Institution," 
in  which  we  read  :^^ 

"The  design  of  the  Trustees  in  founding  this  Seminary  is  not 
limited  to  such  Students  as  have  the  gospel  ministry  in  view,  but 
extends  to  those  who  are  desirous  of  engaging  in  any  of  the  learned 
professions.  It  has,  accordingly,  a  literary  as  well  as  a  theological 
department. 

"Students,  who  enter  the  former,  are  required  to  possess  nearly 
the  same  literary  qualifications,  and  to  pursue,  in  general,  the 
same  course  of  studies  as  those  are  who  enter  the  several  Colleges 
of  this  Commonwealth/'     (The  italics  are  mine.) 

How  stronger  evidence  of  the  collegiate  character  of  the  institution 
could  be  given,  it  is  hard  to  see.     On  the  same  page  we  read :     "The 

9  This  report  is  dated  Feb.  19,  1819.     It  is  too  long  to  be  given  here. 

10  Pages  1  and  2.     The  pamphlet  contains  a  brief  account  of  the  "Origin,  progress,  design, 
and  present  state  of  the  Institution,"  and  an  "Address  to  the  public." 


24  THE  FORMATIVE  PERIOD 

literary  department,  it  is  expected,  will  be  put  into  operation  in 
September  next."  It  actually  opened  in  October,  Rev.  Avery  Briggs 
having  been  secured  in  the  meantime  as  Professor  of  Languages.^^ 

But  before  the  Literary  Department  was  in  operation  the  General 
Court  of  Massachusetts  had  passed  the  Act  of  Separation,  and  it  was 
certain  that  the  District  of  Maine  was  to  become  a  separate  state.  On 
the  eighteenth  of  August  the  Trustees  of  the  Maine  Literary  and  Theo- 
logical Institution  passed  the  following  vote : 

"21,  Voted  that  a  committee  be  appointed  to  petition  the 
Legislature  of  Maine  to  invest  this  Institution  with  all  the  powers 
of  a  College  &  to  endow  it  as  in  their  wisdom  they  shall  think  proper 
&  that  Rev.  S  Boardman,  Timothy  Boutelle,  Thomas  B  Ripley,  Jere- 
miah Chaplin,  Ebenezer  T  Warren  &  Nathaniel  Weston  Jr.  &  Cal- 
vin Stockbridge  Esq  be  this  Committee." 

Evidently  the  Trustees  had  reason  to  believe  that  they  could  obtain 
from  the  first  legislature  of  Maine  the  powers  they  had  twice  sought 
in  vain  from  the  General  Court  of  Massachusetts.  They  certainly  lost 
no  time  in  making  the  attempt.  The  first  session  of  the  legislature  of 
the  new  state  met  on  May  21,  1820.  To  it  the  following  petition  was 
submitted  'P' 

Petition 

To  the  Hon.  the  Senate  &  House  of  Representatives  of  the  State 
of  Maine,  in  Legislature  assembled, 

Respectfully  represent.  The  Trustees  of  the  Maine  Literary  & 
Theological  Institution,  That  this  Institution  was  incorporated  by  an 
Act  of  the  Legislature  in  1813,  &,  at  the  same  time,  was  endowed 
with  a  Grant  of  a  Township  of  land — That  in  1818  the  Trustees 
established  the  Institution  in  Waterville,  &  in  July  of  the  same 
year,  instruction  was  commenced  under  the  direction  of  the 
the  Rev.  Jeremiah  Chaplin,  Professor  of  Theology — that  the  Rev. 
Avery  Briggs  has  been  since  appointed  Professor  of  languages,  & 
commenced  instruction  in  the  summer  of  1819 — that  the  number  of 
Students  now  in  the  Institution  is  twenty-two — 

They  further  represent,  that  since  the  establishment  of  the  Insti- 
tution, benefactions  of  generous  individuals  have  amounted  to 
about  seven  thousand  dollars — by  means  of  which,  they  have  been 
enabled  to  purchase  eligible  grounds  for  the  erection  of  suitable 
buildings,  &  to  erect  and  finish  a  dwelling  house  &  out  buildings 
for  the  accommodation  of  one  of  the  Professors,  &  have  the  greater 
part  of  the  materials  now  collected  for  a  brick  Edifice  one  hundred 
&  twenty  feet  long — forty  feet  wide — three  stories  high  &  to  con- 
tain thirty-six  rooms  for  students — 

They  further  represent,  that  it  was  the  original  design  of  the 
Trustees,  whenever  their  funds  &  prospects  should  warrant,  to 
establish  a  sufficient  number  of  Professors  and  Tutors  to  instruct 
in  all  the  different  branches  of  science  and  literature,  usually 
taught  in  our  Colleges — That,  in  establishing  the  Institution  in 
Waterville,  they  believed  they  thereby  attained  one  important  point 

11  E.  W.  Hall :     History  of  Higher  Education  in  Maine,  p.  104. 

12  The  petition,  and  all  documents  quoted  from  this  point  (except  records  ot  the  Trustees) 
are  on  file  in  the  office  of  the  Secretary  of  State  at  Augusta. 


IN  COLBY'S  HISTORY  25 

necessary  to  its  future  growth  and  prosperity — that  its  situation 
in  the  State  is  central,  &  in  the  midst  of  a  large  agricultural  dis- 
trict, not  surpassed,  if  equalled  by  any  other  part  of  Maine — 
in  consequence  of  which  the  price  of  board  now  is,  &  will  probably 
continue  to  be,  not  more  than  two-thirds  what  it  is  at  the  other  Col- 
leges in  New  England — 

And  your  petitioners  believe,  that  literary  Institutions  should  be 
organized  &  conducted  with  a  wise  regard  to  the  situation  & 
exigencies  of  our  State — &  that  the  true  interests  of  science  as 
well  as  of  every  free  State,  require  that  the  means  of  acquiring 
a  liberal  education  should  be  made  accessible  to  the  middling 
classes  of  citizens  as  well  as  the  more  opulent — They,  therefore, 
pray  that  the  powers  given  by  their  charter  may  be  enlarged,  &  that 
the  power  of  bestowing  such  Degrees,  as  are  usually  conferred  by 
other  Colleges,  may  be  given  to  this  Institution. 
May,  1820. 

Sylvanus  Boardman      ") 

John    Hovey  Committee 

Jeremiah    Chaplin  I     ^Ji^^'.ff 

Nathan  Weston  Jun     ^     ^PPo^nted 

E.  T.  Warren 

Calvin  Stockbridge 


by  Trustees 


Note  well  the  opening  sentence  of  the  third  paragraph:  "They 
further  represent,  that  it  was  the  original  design  of  the  Trustees, 
whenever  their  funds  &"  prospects  should  warrant  to  establish  a  suffi- 
cient number  of  Professors  and  Tutors  to  instruct  in  all  the  different 
branches  of  science  and  literature  usually  taught  In  our  Colleges. 
That  single  sentence  is  enough  to  establish  beyond  dispute  the  fact 
that  the  founders  of  the  Maine  Literary  and  Theological  Institution 
had  in  view  the  establishment  of  a  college.  It  is,  moreover,  significant 
that  the  first  name  signed  to  the  petition  is  that  of  Sylvanus  Boardman, 
If  any  man  knew  what  was  the  original  purpose  of  the  founders,  Syl- 
vanus Boardman  was  the  man. 

Dr.  Burrage,  in  the  passage  already  quoted  says  of  the  change  of 
name  in  1821  :^^  "The  reasons  for  thus  giving  to  the  institution  a 
broader  character  than  was  at  first  contemplated  zvere  not  recorded, 
and  can  now  only  be  conjextured.  In  all  probability  the  change  was 
effected  by  Dr.  Chaplin."  (The  italics  are  mine.)  Now,  if  any 
"change"  in  policy  had  been  made,  it  was  when  the  collegiate  powers 
were  granted  in  1820,  and  if  Dr.  Burrage  had  taken  the  trouble  to  in- 
spect the  records  at  Augusta  he  would  have  found  that  the  reasons  for 
the  step  were  fully  set  forth  in  the  petition  just  quoted,  and  that  in 
reality  there  was  no  "change"  whatever  in  the  policy  of  the  Trustees. 

The  petition  bears  the  following  endorsements : 

"In  Senate,  June  2,  1820.  Read  and  committed  to  the  Hon.. 
Messrs.  Boutelle  and  McDonald  with  such  as  the  Hon.  House  may 
join.     Sent  down  for  concurrence.    John  Chandler,  Presdt." 

13     History  of  the  Baptists  in  Maine,  p.  174. 


26  THE  FORMATIVE  PERIOD 

"House  of  Representatives,  June  2,  1820.  Read  and  concurred, 
and  Messrs.  Greenleaf  of  Portland,  Holland  of  Jay,  Emerson  of 
Machias  are  joined.    Ben.  Ames,  Speaker." 

The  committee  to  which  the  petition  was  referred,  submitted  the 
bill  which  follows : 

STATE  OF  MAINE 

In  the  year  of  our  Lord  one  thousand  eight  hundred  and  twenty. 

An  act  to  enlarge  the  powers  of  the  Maine  Literary  &  Theological 
Institution. 

Sec.  1.  Be  it  enacted  by  the  Senate  &  House  of  Representa- 
tives in  Legislature  assembled — That  the  President  &  Trustees  of 
the  Maine  Literary  &  Theological  Institution  are  hereby  authorized 
&  empowered  to  confer  such  Degrees  as  are  usually  conferred 
by  Universities  established  for  the  education  of  youth ; — Provided 
that  the  said  Corporation  shall  confer  no  Degrees  other  than  those 
of  Bachelor  of  Arts,  &  Master  of  Arts,  until  after  the  first  day 
of  January  which  will  be  in  the  year  of  our  Lord  eighteen  hundred 
&  Thirty— (A) 

Sec.  2nd.  And  be  it  further  enacted  by  the  authority  afore- 
said— That  the  Legislature  of  this  state  shall  have  the  right  to 
grant  any  further  powers  to  alter,  limit,  or  restrain  any  of  the 
powers  vested  in  said  Corporation  as  shall  be  judged  necessary  to 
promote  the  best  interests  thereof — 

Action  on  the  bill  is  recorded  thus : 

"In  Senate,  June  12.     The  committee  on  Bills  in  the  2d  Read- 
ing report  that  this  Bill  ought  to  pass  as  amended  at  A— 
E.  Foote,  pr  oder." 

A  slip  accompanies  the  bill  bearing  the  proposed  amendment : 

"And   provided   also,   that   the   said   corporation   shall   not   make 
or    have    any    rule    or    by-law    requiring    hat    any    number    of 
the  Trustees  shall  be  of  any  particular  religious  denomination, 
(at  A  add  this  proviso) 

B    Add  after  above  amendment  the  amendment  marked  B." 

The  change  was  accepted  and  on  the  following  day  the  bill  was 
passed  to  be  engrossed,  and  sent  down  for  concurrence.  The  House 
added  to  the  amendment  already  adopted  for  further  proviso : 

"Add  this  to  end  of  former  amendment  at  Letter  B  : 
Provided  that  no  student  belonging  or  who  may  hereafter  be- 
long to  said  institution  sustaining  a  fair  moral  character  shall  be 
deprived  of  any  privileges  of  said  institution,  or  be  subjected  to  the 
forfeiture  of  any  aid  which  has  been  granted  by  said  Institution  for 
the  purpose  of  enabling  him  to  prosecute  his  studies,  or  be  denied 
the  usual  testimonials  on  closing  his  studies  or  be  denied  admission 
to  said  Institution  on  the  ground  that  his  interpretations  of  the 
Scriptures  differ  from  those  which  are  contained  in  the  articles  of 
faith  adopted  or  to  be  adopted  by  said  Institution." 

With  this  change  the  bill  was  returned  to  the  Senate  where  the 
final  action  is  recorded  thus : 


IN  COLBY'S  HISTORY  27 

"In  Senate  June  16,  1820.  Read  &  concurred  in  the  amendment. 
John  Chandler,  Prsdt." 

The  act  was  approved  on  June  19,  1820,  and  the  Maine  Literary 
and  Theological  Institution  at  last  possessed  the  powers  which  had  been 
asked  for  in  the  original  bill  submitted  to  the  General  Court  of  Massa- 
chusetts in  1812.  Only  one  further  step  remained  to  be  taken:  to 
make  the  Institution  a  college  in  name  as  well  as  in  fact.  Accordingly 
we  find  that  at  their  meeting  on  August  12,  1820,  the  Trustees  voted : 

"23.  Voted  to  raise  a  committee  to  petition  the  Legislature 
of  Maine  to  allow  the  M.  L.  &  Theo.  Institution  to  take  the  name 
of  the  College  at  Waterville  with  the  Liberty  to  add  the  name  of 
such  gentlemen  as  shall  make  the  most  liberal  donation  &  that  the 
above  Committee  consist  of  the  Rev.  S.  Boardman,  Timothy  Bou- 
telle,  &  Rev.  Dr.  Chaplin." 

When  the  legislature  met  in  January,  1821,  the  committee  pre- 
sented a  petition  in  this  form  : 

"To  the  Hon.  Senate  &  House  of  Representatives  of  the  State 
of  Maine  in  Legislature  assembled — 

Respectfully  represent  The  Trustees  of  the  Maine  Literary 
&  Theological  Institution  that  the  present  name  of  this  Institu- 
tion not  indicating  that  it  is  clothed  with  the  powers  common  to 
other  Colleges  they  pray  that  the  name  of  the  same  may  be  altered 
&  that  in  future  it  may  be  known  &  called  by  the  name  of  Maine 
College — or  such  other  name  as  shall  be  deemed  fit  and  proper. 
8  Jany  1821— 

Jer.  Chaplin  }  Committee  appointed 

TiMo  BouTELLE      j"  by   Trustees. 

It  is  to  be  noted  that  the  committee  did  not  follow  their  instructions 
to  the  letter.  Instead  of  asking  that  the  name  be  changed  to  "the 
College  at  Waterville"  they  asked  that  it  be  changed  to  "Maine  Col- 
lege." What  effect  the  adoption  of  the  latter  name  might  have  had 
upon  the  history  of  the  college  is  a  matter  for  interesting  speculation. 
On  January  22d  the  petition  was  committed  to  Messrs.  Boutelle,  Rice, 
and  Seaver,  who  on  the  next  day  reported  the  following  bill : 

State  of  Maine 
In  the  year  of  our  Lord  Eighteen  hundred  &  twenty-one. 
An  Act  to  change  the  name  of  the  Maine  Literary  &  Theological 
Institution — 

Be  it  enacted  by  the  Senate  &  House  of  Representatives  in 
Legislature  assembled — That  from  &  after  the  passing  of  this  act, 
the  name  of  the  said  Maine  Literary  &  Theological  Institution  shall 
cease,  &  the  same  shall  henceforth  be  called  &  known  by  the  name  of 
Maine  College,  any  law  to  the  contrary  notwithstanding — and  noth- 
ing in  this  act  contained  shall  be  construed  to  impair  or  annul  any 
of  the  rights,  powers,  or  privileges  of  the  said  Corporation. 

On  the  24th  of  January  the  bill  was  passed  to  be  engrossed,  and 


28  THE  FORMA  TIVE  PERIOD 

sent  down  for  concurrence.     Its  fate  in  the  house  is  recorded  in  the 
House  Journal  for  Thursday,  January  25,  1821  :^^ 

"Bill  to  change  the  name  of  the  Maine  Literary  and  Theo- 
logical Institution,  Read  a  third  time  and  passed  to  be  engrossed — 
immediately  on  motion  this  vote  is  reconsidered  and  the  Bill  com- 
mitted to  Messrs.  Little  of  Bucksport,  Miller  of  St.  George,  and 
Smith  of  Wiscasset." 

The  committee  made  the  following  report,  which  was  adopted : 

"State  of  Maine,  House  of  Representatives,  Jany.  1821.  The 
Committee  to  whom  was  referred  the  act  to  change  the  name  of 
the  Maine  Literary  &  Theological  Institution  have  attended  that 
duty,  and  report  that  the  same  be  amended  by  striking  out  the 
word  'Maine'  in  the  sixth  line  1st  section  &  inserting  the  word 
'Waterville'  instead  thereof.     S  Little,  Per  order." 

The  Senate  on  January  27th  concurred  in  the  amendment,  and  on 
February  5th  the  act  was  approved.  The  "original  design  of  the 
Trustees"  had  been  accomplished  after  nearly  ten  years  of  effort,  and 
what  may  be  considered  the  formative  period  in  Colby's  history  was  at 
an  end.  The  lines  along  which  the  college  should  have  its  development 
were  practically  decided,  and  it  only  remained  to  build  wisely  on  the 
foundations  laid  through  the  persistent  effort  of  those  who  had  had  the 
foresight  and  courage  to  make  the  beginnings. 

14     Page  135. 


IN  COLBY'S  HISTORY  29 


VI. 


We  have  now  traced  the  history  of  the  college  from  its  beginnings 
in  the  action  of  the  Bowdoinham  association  in  September,  1810,  to 
its  culmination  in  the  act  of  January,  1821.  We  have  seen  that  the 
founders  attempted  twice  to  secure  a  college  charter  from  the  General 
Court  of  Massachusetts  and  failed.  We  have  seen  them  accept  a 
charter  for  a  Literary  and  Theological  Institution,  under  which  they 
proceeded  to  set  in  operation  what  was  essentially  a  college.  We  have 
read  their  statement  to  the  public  that  students  in  the  literary  depart- 
ment of  the  new  institution  are  "required  to  pursue,  in  general,  the 
same  course  of  studies  as  those  are  who  enter  the  several  colleges  of 
this  commonwealth."  We  have  seen  them  vote  to  erect  a  "college  edi- 
fice" on  the  "college  land"  in  Waterville.  We  have  seen  them  petition 
the  first  legislature  of  Maine  for  the  right  to  grant  "such  degrees  as 
are  usually  conferred  by  other  colleges,"  on  the  ground  that  it  was  the 
"original  design"  of  the  Trustees  to  establish  an  institution  of  collegiate 
rank.  And,  finally,  we  have  seen  them  ask  for  a  name  suited  to  the 
rank  of  the  institution.  So  long  as  original  documents  have  any  his- 
torical value  there  can  be  but  one  conclusion  regarding  the  purpose  of 
the  men  who  founded  the  Maine  Literary  and  Theological  Institution : 
They  intended  to  set  up  a  college,  and  in  spite  of  great  opposition  they 
persevered  until  their  purpose  was  accomplished. 

In  view  of  these  facts  the  twenty-seventh  day  of  February,  1813, 
has  for  us  a  new  significance.  It  is  the  birthday  of  the  college  in  a 
sense  more  real  than  any  succeeding  date  can  be,  for  on  that  day  the 
corporation  now  known  as  Colby  College  came  into  existence,  and  from 
that  day  date  the  actual  beginnings  of  the  college.  It  is  a  day  of 
which  the  centennial,  on  the  twenty-seventh  of  next  February,  should 
be  solemnly  and  worthily  observed  by  all  true  friends  of  the  college 
which  then  enters  upon  its  second  century  of  usefulness. 


I 


UNIVERSITY  OF  ILLINOIS-URBANA 


3  0112  071929217 


